The State of Rajasthan has challenged the order of the Rajasthan High Court dated 13.10.2022 whereby Justice Dinesh Mehta had quashed an FIR registered by the prosecutrix against a 22 years old boy. Out of the relationship a 15 years old girl had given birth to a child.

When the prosecutrix had pain in her abdomen, she along with her family members went to the doctor and found that she was pregnant. On this FIR was registered against the boy. Thereafter a compromise took place between the parents of the prosecutrix and the accused which stated that both of them would be marrying each other after the gild/prosecutrix attains the age of majority.

The High Court took cognizance of the compromise and on the basis of the compromise quashed the FIR and also directed the accused to marry the prosecutrix when she attains the age of majority.

Advocate Preeti Thanvi who had filed the petition on behalf of the State of Rajasthan told "The Law Advice" that the order has been challenged before the Supreme Court since the state is the guardian of the minor prosecutrix, and the FIR could not be quashed in the cases of POCSO on the ground of compromise. It has also been contended in the petition that the prosecutrix is neither in the capacity to enter into a compromise nor in the capacity to take a decision for her marriage since she is below the age of 16. It is a heinous offense which has to be dealt with iron hands and the same is contrary to the spirit of the POCSO Act.